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Achieving Tax-Freedom through the Non-Dom Status

Relocate Abroad and live in complete Tax-Freedom

Live abroad safely, legally and tax-free with the help of a Non-Dom Programme! The non-dom tax status offers great flexibility and amazing advantages for the everyday entrepreneur.

Every year tens of thousands of people leave their home countries for tax reasons. Some are driven away by the ongoing European policies of solving economic issues by increasing the income taxes for the wealthy even further. Others are simply trying to hang on to the last shred of their right to privacy, as the level of financial control and insight by the authorities becomes more and more far-reaching. Fortunately, the legal possibilities of tax-optimisation have never been so versatile. In Dubai, entrepreneurs can enjoy complete Tax-Freedom, and Cyprus offers a great programme for so-called ‘non-domiciled’ residents.

Protecting your Privacy by Relocating

The new information exchange agreements, especially the OECD CRS – the OECD Common Reporting Standard – and EU-FATCA – the automatic information exchange agreement of the EU – are further evidence of the erosion of our right to privacy. Today, banking secrecy has become no more than a distant memory!

Entrepreneurs who do not wish to subject their business activities to ongoing questioning and review, need to consider relocating to more liberal countries in order to protect their assets. On this site, we will cover everything from non-dom tax to the remittance basis charge, to make sure you can make an informed decision and find the perfect solution for you!

By relocating abroad, you can minimise your taxes and put the OECD CRS and the EU-FATCA completely out of your mind. Set your sights beyond Europe and you can experience true freedom!

Relocating Abroad: Finding the Right Path

Relocating abroad can be an excellent adventure. But it is important to follow all the official procedures and understand which laws and tax regulations might be important for your move. Some tax treatments like non-domicile tax and the remittance basis can seem highly complicated to the average person. The same goes for special legal statuses like non-domicile residence. In order to find your way through the complicated network of legal jargon, it is important to have experienced professionals by your side.

That said, it has definitely become easier to relocate abroad for tax purposes. This might be one of the reasons that we no longer hear about celebrities being accused of tax evasion.

Nonetheless, it is imperative that you plan your move abroad carefully and with the support of experienced accountants, lawyers and consultants that can continue to offer advice once you reach your destination. With over 3 decades of experience, we are there for you with first class service, every step of the way!

When planning your relocation abroad, there are 3 important things to keep in mind:

Are you married, and do you have underage children? If so, your family needs to move with you.

Do you still own real estate “back home”? If so, your property needs to be completely rented out to a third party or sold.

Do you intend to spend any significant amounts of time “back home” after you relocate? If so, the 183-Day-Rulemight stand in your way of making your relocation work from a tax perspective.

Providing Tax Solutions for Digital Nomads

For those of you who are not yet familiar with the term “Digital Nomad“, here a short clarification: a Digital Nomad is normally an entrepreneur who works predominantly via digital technologies and is therefore not bound to a specific location in order to do his job. The term, and the lifestyle associated with it, have become increasingly popular in recent years, so the internet is absolutely flooded with literature on the topic. Perhaps you could become a Digital Nomad too!

If you are planning your future, are working as a Digital Nomad and are keen to travel the world, then Privacy Management Group is perfect for you. Not only do we have many years of experience working with Digital Nomads, we even have several of Digital Nomads working on our team.

Over the last 30 years we have worked with people with all kinds of different circumstances. We know the answers to your questions and can offer you solutions suited specifically to you and your life as a Digital Nomad.

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The sole purpose of the content supplied by Privacy Management GroupFZ-LLC (hereinafter referred to PMG) on this website is to inform the user. PMG, the author, takes great care in the assembly of its websites. Nonetheless, PMG makes no representation and gives no warranty that the information provided is complete, correct, up-to-date or available. The content of the website should not be taken as advice to any specific individual, nor should it be received as an invitation / challenge / offer to any specific action, inaction or transaction. The content of this website serves only to inform the reader and is not a substitute for legal, or financial, advice.

PMG explicitly points out that earnings generated abroad may be liable to taxation in your home country. We do not supply legal and tax advice in this regard. You are solely responsible for the fulfilment of your tax obligations. Please inform yourself of any existing tax responsibilities in your country of residence with the aid of a trusted tax advisor or lawyer.

Beyond this, our Terms of Use and Terms & Conditions, which you have agreed to by using this website, are applicable.

OECD CRS

The agreement regarding the automatic exchange of financial informations affects the bank accounts of legal persons, such as offshore companies and other companies registered abroad. Particularly those accounts opened after 31/12/2015. It also affects private bank accounts. The following are extracts of the OECD CRS:

(…) Reportable accounts include accounts held by individuals and entities (which includes trusts and foundations), and the standard includes a requirement to look through passive entities to report on the relevant controlling persons (…)

(…) For Preexisting Entity Accounts a Reporting Financial Institution determine whether the account is held by, (a) one or more Reportable Persons, which can be determined by reviewing information maintained for regulatory or customer relationship purposes (including information collected pursuant to AML/KYC Procedures), or (b) a Passive NFE with one or more Controlling Persons who are Reportable Persons (according to subparagraphs D(2)(a) through (c)) (…)

EU-FATCA

Residency for Digital Nomads

The life of the Digital Nomad definitely comes with amazing advantages. The flexibility to roam the world, meet new people and discover new cultures, travel with the sun and never again suffer another dreary Winter - yes, the life of the Digital Nomad is a dream come true for many. And those who also manage to legally live completely tax-free, have truly found paradise on Earth.

The 183 Day Rule

In legal and tax terms, where a person holds their "residence" is dependent on several circumstances, which together give the impression that the person is not only temporarily staying in a particular place. One of these circumstances is if a person spends more than 6 months at a time in one place - the 183 Day Rule. Short interruptions are of no consequence.

Note: Those who exceed this period of 6 months, but are only in a particular location due to health reasons, are not usually considered to have their "residence" there. In such cases, the time period is extended to 12 months. Please also note that the 183 Day Rule is based on "uninterrupted" stays. If you leave the place in question for several substantial periods of time each year, it will not qualify as a residence. Even if you reside in a country for 200 days per year, but are travelling for significant periods in between, that country will not qualify as your residence.

Cyprus Non-Dom Programme at a Glance

Since July 16, 2015, a non-national residing in Cyprus as part of the Non-Dom Programme is not subject to the so-called SDC tax in Cyprus.

Income from dividends, whether from foreign or domestic sources, is exempt from tax for 17 years. This means that individuals living in Cyprus with the Non-Dom status pay 0.00% taxes on their dividende income.

You won't pay any income tax on earned income below 19.500 Euro per year.

Note:Even if you, for whatever reason, wish to pay yourself, as director of the company, a higher wage, the income tax in Cyprus is favourable to many European countries. The highest income tax bracket in Cyprus is only taxed at 35%, and starts from an annual income of 60,000 Euro. For those with Non-Dom status, the income tax is halved (to 17.5%) for the first five years (for earned income exceeding 100.00 per year).

The Misconceptions about the 183 Day Rule

Misconceptions about the 183 Day Rule

There are several myths about the 183 Day Rule which we would like to clear up.

Myth: "183 Days in the New Home Country“

You have relocated your residence abroad with the plan to exclusively pay taxes in your new home. But it is not just you who is happy about the move, your new home country is happy too:

- because every new resident means a little bit more international political influence,
- for EU member states it might even mean more access to EU funding,
- more taxable income, more VAT, more companies to tax, etc.),
- more consumers and therefore more tax to be collected fromt he national economy,
- more demand in the real estate market, etc..

This is the reason why especially smaller countries welcome immigrants with open arms, luring them with low income tax, Non-Dom Programmes, or other tax benefits.

Both in practice, and in theory, it is therefore unlikely that such a country would actually count the number of days that its new recruits have actually spent in the country.

Even in countries such as Germany, Austria and Switzerland there are ways in which you can declare residency there without spending the necessary 6 months in the country.

Payment of social insurance contributions, a tax file number and social security number, ownership of an apartment or house for private residential purposes, the regular consumption of electricity and waterg, a vehicle and other documents can amount to sufficient evidence of a usual place of residence.

On top of this the usual place of residence can also be determined from other circumstance. Evn school-age children and/or a spouse living under the same roof can provide a clearer picture.

What should be kept in mind regaring the "old" home country?

We have already highlighted that simply deregistering from your "old" home country does not necessarily mean that you are freed from all your tax obligations there. We recommend that you reach out to a lawyer and/or tax consultant in your "old" home country with any questions you have about the domestic tax situation there. The tax regulations governing emigrated nationals differs from country to country and we cannot provide you sufficient expertise and support in this area.

While we endeavour to ensure that you receive the necessary support abroad, questions related to emigrating from your "old" home country are a matter to be discussed with a domestic expert.

If you have not yet acquired the services of an accredited lawyer or tax consultant, we are happy to make recommendations.

Myth: "The 183 Day Rule applies Worldwide“

Another myth about the 183 Day Rule is that it is applied globally. This has been remarked in many online portals, but is definitely "fake news".

One example to counter this myth are the United Arab Emirates. The rule there is that, your resident visa can only be declared invalid, if you have spent more than 6 months, in one stretch, outside the UAE.

So, be critical with what you read on the internet, especially regarding sweeping statements like this one - indeed, where there is a rule, there is most certainly also an exception.

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Cyprus

The Republic of Cyprus is a member of the United Nations (UN), the Council of Europe, the Organisation for Security and Cooperation in Europe (OSCE) and the World Bank (WB).

In 1974 Turkey carried out a military operation during which Turkish troops seized 37% of the island, leading to a significant population movement. The resulting cultural separation still exists today. Under the auspices of the UN, programs have been put in place to find a solution which is acceptable to both sides.

The Republic of Cyprus became a member of the EU on May 1, 2004 and joined the Eurozone on January 1, 2008. The EU and UN have only recognized the government of the Republic of Cyprus (EU) as a legal government.

Official Language: Greek / English

The relocation of the personal and tax residence to Cyprus is neither expensive nor overly bureaucratic. EU citizens have three different options when planning their relocation, which are outlined below.

On top of this, Cyprus offers , all immigrants the opportunity to assume the so-called Non Dom status. This is especially interesting from an economic standpoint.

The significant benefits which may be reaped from relocating to Cyprus and acquiring the Non Dom status are one of a kind, incomparable to anywhere else in Europe.

All owners and shareholders of companies have a right to a share of the profits of the company. These so-called dividends are usually subject to income tax.

Persons with Non Dom status in Cyprus are not subject to income tax on dividends. This applies regardless of where the Non Dom’s company conducts its business: it may be registered in Cyprus, be an offshore company or operate in other countries.

Interest and all other investment results are tax-free! On top of this, Cyprus does not collect tax on such income regardless of the source of the interest or investment results, be it from within Cyprus or from abroad.

A person with Non Dom status in Cyprus has the right to conduct business via so-called offshore companies. This means a lot of flexibility for individuals owning zero-tax-companies and offshore bank accounts, as well as a full tax exemption for all profits gained from their offshore activities.

If an individual wishes to conduct international business out of Cyprus and therefore needs business premises and a business tax file number in order to take advantage of value added tax, he should strongly consider setting up a legal person in Cyprus.

Besides the fact that Cyprus has one of the lowest corporate taxes in Europe, setting up a limited liability company (LLC) in Cyprus has another distinct advantage:

It is the easiest and quickest way to relocate to Cyprus and achieve the Non Dom status.

Moreover, company owners and shareholders in Cyprus can “employ” themselves. This means that they can take full advantage of social insurance and the tax-free income bracket for all earned income up to 19.500,00 per year.

For those who wish to pay a salary exceeding the tax-free amount stated above, be this due to pension regulations, as a safeguard in case of unemployment or for other reasons, there is still a significant tax advantage, namely a 50% reduction on the applicable tax rate over 5 years.

Prerequisites for Relocation to Cyprus

Close this window and return to our website. There you can find out, step-by-step, how to relocate your tax residence to Cyprus and apply for Non Dom status, safely, quickly, and with no complications.

Cyprus is not only a paradise for companies and their owners and shareholders, but also for private investors and traders. No other EU member state grants wealthy private persons and companies such a wide range of possibilities and tax benefits.

The Non Dom countries UK, Malta, Ireland & Co. offer foreign individuals who have relocated their tax residence the opportunity to be subject to exclusively UK tax regulations. This is the so-called Non Dom status, and resembles the program run in Cyprus.

However, unlike the EU member state Cyprus, the Non Dom status in these countries have a significant disadvantage. In Malta, Ireland, UK & Co. the Non Dom Status is linked to a complicated and detrimental tax regulation: the so-called Remittance Base Taxation.

What does „Remittance Base Taxation“ mean?

To be exempt from the taxation, the respective capital must be moved, held and distributed via a bank account outside the Non Dom country. It may not be moved into the Non Dom country or be used there.

On top of this the capital may not be originate from domestic sources. If the individual with Non Dom status disregards these regulations, any capital related to the breach will be subject to the regular income tax of the respective country, regardless of the Non Dom status.

The Disadvantages

There are several examples that demonstrate that this regulation can cause enormous problems in day-to-day business operations and private affairs, in effect leading to the opposite of “simplified tax structures”:

No Flexibility

For example, an entrepreneur moves to the island of Malta to take advantage of the tax benefits of the Non Dom status there. But due to the Remittance Base Taxation he is subject to the following restrictions:

If the Non Dom individual wants to conduct his business locally but also wants to benefit from the low corporate taxes by basing his corporation in Malta, any dividends that he earns would be subject to the regular income tax applicable in Malta.

35% Income Tax

Even merely using his international credit card in Malta will lead to the fact that any overseas capital that is thereby made available in Malta will be subject to the 35% Income Tax.

Conclusion: Apart from the fact that correctly splitting the different incomes and their uses can quickly become an accounting nightmare, the Remittance Base taxation also causes significant issues in day-to-day life. How is a Non Dom living in Malta supposed to cover ongoing costs, living expenses, investments and purchases?

Definitely not tax free!

To compensate for the disadvantages arising from the Remittance Base taxation, internet based company set-up agencies offer a so-called Holding Model for Malta. To conclude, let’s take a look at this “solution”.

Short and Sweet: the Malta Holding Model
In order to stay financially flexible and not have to give up the tax benefits of the Non Dom status in Malta, the Non Dom sets up not only one company in Malta, but at least two – one operational company and one Malta Holding.

The sole shareholder-owner of the operational Malta company is the Malta Holding company. In turn, the Malta Holding Company is owned by a company or private person outside Malta.

On top of this, several points must be taken into consideration so that this construct remains legal in practice. For example, it must be avoided that either the operational Malta company or the Malta Holding company is suspected of being an illegal intermediate company. This is the case when either company is not substantively a company (for example, it is just a shell company with no employees or offices) or is run completely from abroad.

This example, which can also be found in publications regarding the UK, Ireland & Co., prompts the question: “why take the difficult path when there is an simple one?“

Objectively speaking, Cyprus is a paradise for entrepreneurs, self-employed persons, freelancer, e-commerce, offshore businesses and much more. And the 60 day regulation, means that Non Dom’s of Cyprus have enough time to spend in countries of their own choice. Flexible, tax free and safe.

Within the framework provided by the OECD CRS and EU-FATCA information from banks is only reported to the country in which the respective account holder, or beneficial owner, has his tax residence.

If the account holder of a private or business bank account has his tax residence in Cypurs, all domestic and overseas banks will only report the relevant information to Cyprus. Which information is relevant is decided by the OECD CRS and EU-FATCA.

Cyprus does not collect taxes on interest and investment results, regardless of their origin. In addition, foreigners in Cyprus are exempt from any taxes on dividends from domestic and foreign companies under the Non Dom program.

A tax residence in Cyprus in conjunction with Non Dom status grants the individual ultimate privacy and complete financial freedom.

A tax haven is normally defined by substantially lower income taxes. This means that, if the income tax of a the destination country is significantly less than that of the country of origin, the tax authorities will regard it as a tax haven. The income tax in Cyprus usually amounts to 35%.

Tax exemption regulations, like the “50% income tax reduction“ which foreigner can take advantage of via the Non Dom status, are legally seen only as exemptions and do not make Cyprus a tax haven.

The corporate tax in Cyprus of 2.5%, or 12.5%, is part of the final tax assessment. In this regard, Cyprus foregoes progressive taxation, or taxation by instalments, and thus „saves“ business owners and shareholders complicated tax returns, applications for tax reimbursements and associated waiting periods.

As a full-fledged company with a corporate tax file number and offices, it is possible to conduct business operations internationally (Limited Liability Company may be compared to the German GmbH or the spanisch Sociedad de responsabilidad limitada, referred to as SL).

Cyprus does not collect trade taxes, nor are there statutory defense or welfare contributions

If the Cyprus Company owns shares in another company, all dividend earnings are exempt from taxes!

Earnings from stock trading and most other form of investment are also tax-free.

If the Cyprus Company makes losses, these can be carried over *

The offices of the Cyprus can usually be registered at the private residence of the sole shareholder-owner (this does not include manufacturing plants). This regulation is especially advantageous for individuals with the Non Dom status in Cyprus, as this means that the costs of rent fall under business expenses.

If so desired, Cyprus based bank accounts can also be maintained from abroad (capital protection clause).

In Cyprus the inheritance of shares in companies is exempt from taxes.

Cyprus offers business owners and shareholders these and many other benefits. In conjunction with ensuring Non Dom status for one or more of the business owners or shareholders, setting up a company in Cyprus is a great variation to relocating your tax residence to Cyprus. The Cyprus Company offers valuable, long-term benefits and those with Non Dom status have access to their dividends tax free.

The Climate in Cyprus

RESIDENCY: NON-DOM-STATUS

OPTION C:
FINANCIALLY INDEPENDENT
PERSONS (Note 2)*
1 Person

Original Passport (Proof of Identification). Valid for at least 6 months

Certificate of Employment (signed and stamped by the employer no more than one week before the appointment).

not applicable

Proof of Payment of the Insurance Contributions for the last 2 months, if not Certificate of Employment can be provided.

If the Health Insurance Provider is in another country, the Health Insurance Agreement must be provided. It must be shown that the existing Health Insurance covers both in- and out-patient treatment costs.

required

Rental Agreement or Title Deeds (in case of ownership)

required

As Proof of Income, bank account statements from the last 6 months must be provided. The bank account states must be certified by the relevant bank.

required

Minimum stay per year

183+ Days

NOTES:

Note 1:

A Cyprus mobile phone is required -PAY AS YOU GO

Note 2:

* If the Applicant is the owner of, for example, a Foreign or Offshore Company, he/she must also provide documentation of the respective monthly profits, by providing the bank account statements from the private account of the Applicant (minimum monthly income c. 2,500.00 Euros - proof of the last 3 to 6 months).

Exceptions

Business accounts (and/or the holders) are seen to be non-reportable, if the company in question does not generate an active income from regular business operations, as defined by the OECD.

The term „regular business operations“ particularly points towards commercial business with a fixed base of operations (offices).

Exceptions – Criteria for the Active Company according to the OECD

The OECD criteria to assess whether a company generates active income and therefore qualifies as an Active Company – and thus is not subject to the automatic information exchange - are as follows:

<50% of the turnover must be passive income (rent, licensing revenue, etc.).

The company must be listed on the stock exchange.

The company is a governmental organization.

The company is a non-profit organization.

The company is a holding company.

The company is a start-up, which is younger than 2 years and which has not yet acquired any clients.

The company is not a financial service provider, nor has it been one in the last 5 years.

The company is an intra-group financing company.

Important: only one of these criteria needs to be met, in order for a company to qualify as an "Active Company"!

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